How can I access information about an unpublished patent application?
Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed: If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application. If…
Read MoreWhat are the confidentiality requirements for interviews about unpublished patent applications?
For unpublished patent applications, confidentiality is a critical concern. The MPEP states: An interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by…
Read MoreWhat information is needed to access assignment records for unpublished patent applications?
Accessing assignment records for unpublished patent applications requires specific authorization or a showing of legitimate interest. According to MPEP 301.01, for applications that are not open to the public: Information related thereto is only obtainable upon a proper showing of written authority. For applications filed on or after September 16, 2012, the written authority must…
Read MoreWhat is the confidentiality requirement for unpublished patent applications?
Unpublished patent applications are subject to confidentiality requirements under 35 U.S.C. 122(a). MPEP 405 addresses this in the context of interviews: However, an interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will…
Read MoreCan I access a pending unpublished patent application?
Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided: If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in…
Read MoreHow can I access an unpublished abandoned patent application?
Access to unpublished abandoned patent applications is limited. According to 37 CFR 1.14(a)(1)(iv), the file contents of an unpublished abandoned application may be made available to the public if: The application is identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international…
Read MoreWho is authorized to receive status information for an unpublished patent application?
For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information: The applicant A patent practitioner of record The assignee or an assignee of an undivided part interest The inventor or a joint inventor A registered attorney or agent named in the application papers filed under 37 CFR…
Read MoreWhat is the general rule regarding confidentiality of patent applications?
Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this…
Read MoreWhen is a patent application file available to the public?
A patent application file becomes available to the public in the following situations: When the application has issued as a patent or published as a statutory invention registration When the application has been published and subsequently abandoned When the application has been published and is still pending When an unpublished, abandoned application is identified or…
Read MoreWhat patent application files are open to public inspection?
According to 37 CFR 1.11(a), the following patent application files are open to public inspection: Published applications Patents Statutory invention registrations The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be…
Read More